People v. Acosta
THE PEOPLE v. ACOSTA
- Area
- criminal
- Panel
- Albert G. Burnett (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Burnett
Burnett, J., delivered the opinion of the Court Terry, C. J., and Field, J., concurring.
Indictment and conviction for murder in the first degree.
We have carefully examined the voluminous testimony in the record, and we can see no substantial contradiction in the evidence of the different witnesses. Taking the testimony for the prosecution alone, and leaving out that of the defence, and we must say that we can not see any ground upon which the verdict could stand. The principles laid down by us in the case of The People v. Payne, (8 Cal. Rep., 841,) are quite applicable to the facts of the present case. It is with reluctance that we disturb the verdict of a jury in any case; but, from the testimony, as stated in the record, it seems most manifest that the verdict must have been given under a state of great excitement, preventing a fair and just trial. The Court below should have granted a new trial.
Judgment reversed, and cause remanded.
Cited by
- People v. Stine Docket No. 2013. · 1930-12-02